Last updated: January 1st, 2022.
These Terms of Service (these “Terms”) apply to features and functions (collectively, the “Services”) provided by EAN-DB DOO, registered in Montenegro (the “Proprietor“, “our“ or “we“) via ean-db.com (the “Site“ or “EAN-DB“).
By using the Services, you are agreeing to be bound by the Terms and Conditions. If you later disagree with the Terms and Conditions, you agree to stop using the Services.
EAN-DB’s paid API-based product lookups (“API Services”) permit you to make a number of API calls limited by the particular package you have chosen. We are not responsible for the integration of the API Services with any third party application. You are solely responsible for all development costs, coding, debugging and integration with the API and your application, including in connection with any updates which we may make to the API Services.
In response to a successful API call, API Services will return available product information such as a UPC, EAN or ISBN barcode, product title and category (“Product Data”). Product Data shall be provided to you in JSON format. We do not make any representation or guarantee that the Services will produce Product Data in response to lookup requests you submit.
You agree to pay such fees for the Services as presented to you at the time of purchase.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Some Services require you to complete the registration process in order to use the Services and provide email address and password (“Login Information”). In case of API Services, after registration you will also be provided with a unique token (“Access Token”). You are solely responsible for keeping Login Information and Access Token confidential and any use of your Login Information or Access Token, whether or not you authorized such use. If you become aware of, or reasonably suspect, unauthorized use of your account you must immediately change the password that is part of your Login Information and notify us by emailing support@ean-db.com.
You may not create more that one free account or automate account creation using any bot, spider, or other script, program, software, process or technology.
You agree to not: (a) use any bot, spider, or other automated script, program, software, process, or technology to scrape, data mine, download, copy, extract or otherwise collect content from the Services, except in connection with your use of the API Services; (b) make publicly available, sell or resell the Services or Product Data resulting therefrom; (c) circumvent or reproduce the look and feel of the Services; (d) copy, damage, decompile, disassemble, disrupt, impair, modify or reverse engineer the Services; (e) use the Site or the Services to violate any law or regulation in any jurisdiction; or (f) gain, or attempt to gain, unauthorized access to the Services, including through the use of another user’s account or through any method not provided by or approved by us.
The Proprietor reserves all right, title and interest in the Services and Product Data including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. Without limiting the foregoing, the Proprietor hereby retains all rights not expressly granted in the Terms and Conditions.
Certain elements of Product Data may be the property of third parties and not the Proprietor (“Third Party Content”). The Terms and Conditions do not grant you any rights to Third Party Content and you represent and warrant that your use of Product Data will not infringe the rights of any Third Party Content owner. If you require rights to Third Party Content please contact the Third Party Content owner.
If you are a copyright owner, you may contact us regarding an allegation of copyright infringement.
You represent and warrant that you have all rights necessary to provide any data to us in connection with the Services and hereby grant us an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to such data for any and all purposes without attribution, notice, permission, royalty or payment to you or any third party.
YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE PROPRIETOR DOES NOT WARRANT: (I) THAT THE SITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU AGREE THAT THE PROPRIETOR SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF REVENUE OR PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL, UNAUTHORIZED ACCESS TO YOUR ACCOUNT, AND ANY AND ALL OTHER DAMAGES AND LOSSES, EVEN IF THE PROPRIETOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT THE PROPRIETOR’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (1) TOTAL FEES YOU PAID TO BARCODE LOOKUP IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM; AND (2) $100 (USD). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION (LIMITATION OF LIABILITY) WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree, at your sole expense, to defend, indemnify and hold the Proprietor harmless from and against any and all actual or threatened suits, actions, proceedings (whether at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or relating to (i) your Content; (ii) your use of the Site or the Services; (iii) your failure to pay any taxes that you owe under these Terms; and (iv) any other actual or alleged breach of any of your obligations under these Terms (including, among other things, any actual or alleged breach of any of your representations or warranties as set forth herein). You will not settle any such claim in any manner that would require the Proprietor to pay money or admit wrongdoing of any kind without our prior written consent, which we may withhold in our sole discretion.
Please see our privacy policy at https://ean-db.com/policy/privacy for information about how we collect, use, and disclose information about users of the Site and the Services. By using the Site and the Services, you consent to our collection, use, and disclosure of information as set forth in our privacy policy, as we may update that policy from time to time.
We reserve the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the top of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You are deemed to accept any Update by continuing to use the Services.
These Terms are governed by the law system of the Russian Federation.
In accordance with Article 437 of the Civil Code of the Russian Federation (“CC RF“), this Terms are an official public offer by the Proprietor to legal entities, individual entrepreneurs and individuals, regardless of the country of registration or domicile (location).
If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall remain in full force and effect.